Partial translation of document 3342-PS

OFFICIAL GAZETTE FOR THE OCUPIED DUTCH
TERRITORIES, YEAR 1941
[Verordnungsblatt fuer die Besetzten
Niederlaendischen
Gebiete] Part 33, Page 637.
Eighth Order of the Reich Commissioner for the
Occupied Dutch Territories concerning Special
Measures Affecting Administrative Organization,
August 11,1941.
Pursuant to Section 5 of the decrees of the
Fuehrer concern-
ing the exercise of governmental authority in the
Netherlands of
May 18, 1940 (RGB1. I, p. 778), I hereby order as
follows:
CHAPTER I-Provisions concerning the Function of
Representative Bodies and Agencies of Public Law
Section 1
(1) All function of the Municipal Councils and Provincial
States (Provinzialstaaten) shall be suspended; elections to
these representative bodies shall not take place.
(2) The function of the following bodies shall likewise be
suspended:
1. The Joint Councils of Mayors and Aldermen.
2. The Provincial Councils.
3. The Council of the States-General.
4. The Election Boards (Articles 32,33, and 58 of the
Election Statute.)
(3) The functions of the Municipal Council shall be
suspended, as determined by the mayor; these of the
Provincial Councils, as determined by the commissioner of
the province.
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CHAPTER II-Provisions concerning Local
Administration
Section 3
The powers and duties of the Municipal Council and
the Joint Council of the Mayor and Aldermen shall
be assumed by the mayor. The same applies to the
powers and duties of those municipal boards which
shall be suspended in pursuance of an order made
in accordance with subsection 3, sentence 1, of
Section 1.
Section 4
(1) The mayor shall appoint, for a term of six years, no
less than two but no more than six aldermen as his
representatives and agents in the administration of
municipal affairs.
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Section 5
(1) The appointment of an alderman shall be subject to
ratification by the supervising authority.
(2) With the consent of the supervising authority the mayor
shall be authorized to dismiss an alderman without notice.
At the request of the supervising authority the mayor shall
dismiss any alderman without notice.
*******
Section 7
(1) The mayor shall appoint councilmen from among the
Netherlands nationals domiciled in the community.
(2) The number of councilmen shall be determined in
accordance with Section 5 of the Municipalities Act,
subject, however to a reduction by half of the number
prescribed there and diminished by one.
*******
Section 9
(1) The mayor shall report immediately to the supervising
authority any appointment of a councilman that he may make.
(2) At the request of the supervising authority , the mayor
shall without delay dismiss any councilman.
Section 10
(1) It shall be the duty of the councilmen:
1. To advise the mayor and to submit to him suggestions on
the administration of municipal affairs.
2. To promote understanding of his measures among the
citizenry.
(2) The councilmen shall not receive any compensation for
their activities.
*******
Section 12
(1) The term of a councilman shall be four years.
(2) It shall terminate before that time: first, if the
councilman removes his domicile form the community;
secondly, if he is removed from office.
Section 13
(1) The mayor shall call a general meeting of councilmen in
every instance in which, in accordance with the provisions
of the Municipalities Act, a resolution of the Municipal
Council is necessary.
(2) The mayor shall determine the agenda. The general
meeting shall be public whenever the mayor so orders. Such
order shall be made public.
(3) The several items of the agenda shall be discussed in
the general meetings; no vote shall be taken nor any
resolution adopted. The councilmen shall be required to
state their opinion if it varies from the of the mayor:
such statement shall be made part of the record.
*******
Section 14
(1) The supervising authority shall see to it that the
administration of the mayor conforms to law and furthers the
public interest.
(2) The supervising authority may issue instructions to the
mayor. The mayor shall be bound to follow these
instructions.
(3) The Secretary General of the Ministry of the Interior
shall also be authorized to issue instructions in accordance
with subsection 2 to mayors of communities mentioned in
subsection 1, No. 2, of Section 15, except in matters
relating to the Waterstaat; the Secretary General of the
Ministry of Waterstaat shall exercise this authority in
regard to all matters relating to Waterstaat.
Section 15
(1) The supervising power shall be exercised in all matters
except those of the Waterstaat:
1. For the communities of the Hague, Amsterdam, and
Rotterdam, by the Secretary General of the Ministry
Interior.
2. For all other communities, by the commissioner of the
Province notwithstanding the authority of the Secretary
General of the Ministry of the Interior vested in him by
virtue of other provisions of law.
(2) The supervising power in matters of the Waterstaat
shall be exercised in all communities by the commissioner of
the province
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notwithstanding the authority of the Secretary
General of the Ministry of Waterstaat vested in
him in pursuance of the law.
CHAPTER III-Provisions relating to provincial
Administration
Section 16
(1) The powers and duties of the Provincial States shall be
assumed by the commissioner of the province.
*******
Section 18
(1) The commissioner of the province shall be authorized to
request information from, to submit suggestions and, in
cases of emergency, to issue instructions to, all public
authorities or agencies in the province unless the authority
of such agencies shall extend beyond the limits of the
central authorities concerned to issue such instructions.
Secondly, he shall be authorized to require
information from, and to suggest to, all agencies
whose powers shall extend beyond the limits of the
province unless they constitute central
authorities.
(2) The commissioner of the province shall have power to
issue the instructions mentioned in subsection 1, No. 1, to
officials of the Netherlands police force only if the
commissioner takes measures within the usual scope of his
official duties which these police official are required to
carry out. The commissioner of the province and the
director general of the police shall provide each other with
such information as they may require for the fulfillment of
their official duties. The may submit suggestions to each
other.
*******
Section 19
(1) The commissioner of the province shall appoint, for a
term of six years, no less than two but no more than six
provincial administrators as his agents and representatives
in the administration of provincial affairs.
*******
The Hague, August 11, 1941.
Reich Commissioner for the
Dutch Territories
SEYSS-INQUART